What is a retained surgical instrument?
A retained surgical instrument refers to any surgical implement or material unintentionally left inside a patient's body following a medical procedure. These can include items such as swabs, gauze, forceps, needles, clamps or even parts of operating equipment. Such errors typically occur during lengthy or complex surgical procedures, when the surgical team fails to accurately account for all instruments and materials used.
Retained foreign objects can lead to severe health complications including infections, internal bleeding, severe pain, organ damage, and can require additional invasive surgery to rectify the mistake. Patients may suffer long-term disability, emotional distress and even, in severe cases, fatalities.
Can you claim compensation for a retained surgical instrument?
Yes, if you or a family member has experienced harm as a result of a retained surgical instrument, you may be eligible to make a compensation claim. Claims relating to retained surgical instruments fall clearly under medical negligence law, meaning that healthcare providers have breached their duty of care by failing to meet the expected professional standards during your treatment.
To successfully pursue a claim, it must be proven that your healthcare provider was negligent, and that negligence directly resulted in your injury or health complication. Compensation in these cases typically covers pain and suffering, loss of earnings, medical expenses, rehabilitation costs, and emotional trauma. Our experienced solicitors will guide you through the entire claims process, clearly explaining your rights and the potential value of your claim.
Why choose us?
Stephensons is an award-winning law firm esteemed for professionalism, dedication, and compassionate approach to medical negligence claims. Our expertise in pursuing complex surgical accident cases is backed by accreditations from leading organisations, including the Law Society’s Clinical Negligence Accreditation Scheme. These accreditations highlight our proven competence in successfully handling intricate medical negligence claims.
We offer a client-focused legal service, tailored to your individual circumstances. Our approachable yet professional lawyers understand the emotional strain placed on patients and their families by medical negligence issues. From our initial consultation right through to achieving a successful resolution, we will support you through every step: explaining clearly, minimising stress, and working resolutely on your behalf.
How we can help
Our specialist medical negligence solicitors at Stephensons have extensive experience in handling claims involving retained surgical instruments. We begin by offering a free initial consultation to assess the details of your case and advise you clearly on your legal options and likelihood of success.
We will then work diligently on your behalf, sourcing independent medical experts to build a robust case, gathering evidence, negotiating a fair settlement, and representing you in court proceedings if required. Our dedicated legal team is determined to secure justice and the maximum compensation to aid your recovery and rebuild your life.
Contact our medical negligence solicitors today
If you or someone close to you has suffered due to a retained surgical instrument, our expert solicitors at Stephensons are ready to help. Contact us today on 0161 696 6165 or fill in our enquiry form and we will arrange a convenient time to call you back. We will provide confidential advice and support and help you take your first steps towards the justice and compensation you deserve.
Frequently asked questions about retained surgical instruments
What types of surgical instruments are commonly left behind?
The most common surgical objects left behind include surgical swabs, sponges, gauze pads, needles, clamps, forceps, and occasionally larger surgical equipment or components.
How long do you have to make a claim?
In England and Wales, you typically have three years to make a medical negligence claim from the date you became aware of your injury or negligence, or from when the negligence occurred. Certain exceptions apply, particularly for minors and individuals lacking mental capacity.
How much compensation might I receive?
The value of compensation varies depending on circumstances. Factors considered include the severity of harm suffered, the impact on quality of life, financial losses incurred, and any future care or rehabilitation needs. Our solicitors will carefully assess your claim and explain your potential entitlement.
Do I have to go to court to settle my claim?
Most retained surgical instrument claims are settled out of court through negotiation. However, if liability or the amount of compensation is disputed, your case might proceed to court. Our solicitors are experienced litigators and will support you throughout